2019-09-19_PERMIT FILE - M2009010

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till 723596 PBSO: I of 23 2 0 XRUSE; CLK&REG MOMTt OSE, Co EASE R i16 07/30/D004 Go 0.003:42P ACCESS. tiTfLITA, ANND DITC11 EASEMENT AGREE .ENT THIS ACCESS, UTILITY AND DITCH EASEMENT AGREEMENT ("Agreement") is made and entered into this 28"' day of July, 2004, by and between HRC-MONTROSE DEN,`1.LOPMENT, L.P., a Delaware limited partnership ("HRC") and JV REAL ESTATE LLC, a Colorado limited liability company ("JV"). JV and HRC may collectively be referred to as the "Owners" and individually as an "Owner." Recitals: A. JV is the owner of the real property located in Ouray County, Colorado, more particularly described on Exhibit A attached hereto ("Retainage Parcel"). B, HRC is the owner of the real property located in Ouray and Montrose Counties, Colorado, more particularly described on Exhibit B attached hereto ("HRC Property"). C. The Owners desire to establish a perpetual, non-exclusive easement across all private roads within the HRC Property for the benefit of the Retainage Parcel, a perpetual, non-exclusive and utility easement for the benefit of th e Retainage Parcel, and a perpetual non-exclusive ditch easement for the benefit of the Retainage Parcel. C� NOW, THEREFORE, in consideration of the foregoing, and the covenants and. a�-.eeincnts hereinafter set forth, and other good and valuable consideration given by each party to the Other, the I receipt and sufficiency of which is hereby acknowledged, the parties hereby GAL e e as follows: 1. Easernent Grants. Subject to the terms of this Agreement, HRC hereby grants and conveys to JV for the benefit of the Retainage Parcel and its Pennittees a perpetual non- st exclusive -easement and right-of-way over and across all private streets and drives created or to be created on the HRC Property for use in common by all current or future owners of the HRC property or any portion thereof and wherever located, specifically including, without limitation, the access easements depicted on Exhibit C-1 attached hereto and incorporated herein by this reference and legally described on Exhibit C-2 attached hereto and incorporated herein by this reference (collectively the ".Access Easements") for ingress, egress, access to and from public streets and the Retainage Parcel. Subject to the terms of this Agreement, HRC hereby grants and Co,riveys to JV for the benefit of the Retainage Parcel and its Pen-nittees a perpetual non- exclusive easement over and across the portion of the HRC Property described in Exhibit D ("Utility Easement") for access, construction, re-construction, installation, maintenance and repair of and to all underground utility lines for the purposes of connecting the same to underground lines/pipes servicing the Retainage Parcel and installing such connecting "D underground lines/pipes. The parties acknowledge and agree that Access Easement B reflected or Exhibit C-2 hereto and the Utility Easement are in same locations and have the same legal ,J7994v.6 3 AX